§ 12-3. Rules for construction of statutes.
In the construction of all statutes the following rules shall be observed, unless such
construction would be inconsistent with the manifest intent of the General Assembly, or
repugnant to the context of the same statute, that is to say:
(1)
Singular and Plural Number, Masculine Gender, etc. – Every word
importing the singular number only shall extend and be applied to several
persons or things, as well as to one person or thing; and every word
importing the plural number only shall extend and be applied to one person
or thing, as well as to several persons or things; and every word importing
the masculine gender only shall extend and be applied to females as well as
to males, unless the context clearly shows to the contrary.
(2)
Authority, to Three or More Exercised by Majority. – All words purporting
to give a joint authority to three or more public officers or other persons
shall be construed as giving such authority to a majority of such officers or
other persons, unless it shall be otherwise expressly declared in the law
giving the authority.
(3)
"Month" and "Year". – The word "month" shall be construed to mean a
calendar month, unless otherwise expressed; and the word "year," a calendar
year, unless otherwise expressed; and the word "year" alone shall be
equivalent to the expression "year of our Lord." When a statute refers to a
period of one or more months and the last month does not have a date
corresponding to the initial date, the period shall expire on the last day of the
last month.
(4)
Leap Year, How Counted. – In every leap year the increasing day and the
day before, in all legal proceedings, shall be counted as one day.
(5)
"Oath" and "Sworn". – The word "oath" shall be construed to include
"affirmation," in all cases where by law an affirmation may be substituted
for an oath, and in like cases the word "sworn" shall be construed to include
the word "affirmed."
(6)
"Person" and "Property". – The word "person" shall extend and be applied to
bodies politic and corporate, as well as to individuals, unless the context
clearly shows to the contrary. The words "real property" shall be coextensive
with lands, tenements and hereditaments. The words "personal property"
shall include moneys, goods, chattels, choses in action and evidences of
debt, including all things capable of ownership, not descendable to heirs at
law. The word "property" shall include all property, both real and personal.
(7)
"Preceding" and "Following". – The words "preceding" and "following,"
when used by way of reference to any section of a statute, shall be construed
to mean the section next preceding or next following that in which such
reference is made; unless when some other section is expressly designated in
such reference.
(8)
"Seal". – In all cases in which the seal of any court or public office shall be
required by law to be affixed to any paper issuing from such court or office,
the word "seal" shall be construed to include an impression of such official
seal, made upon the paper alone, as well as an impression made by means of
a wafer or of wax affixed thereto.
(9)
"Will". – The term "will" shall be construed to include codicils as well as
wills.
(10) "Written" and "in Writing". – The words "written" and "in writing" may be
construed to include printing, engraving, lithographing, and any other mode
G.S. 12-3
Page 1
(11)
(12)
(13)
(14)
(15)
of representing words and letters: Provided, that in all cases where a written
signature is required by law, the same shall be in a proper handwriting, or in
a proper mark.
"State" and "United States". – The word "state," when applied to the
different parts of the United States, shall be construed to extend to and
include the District of Columbia and the several territories, so called; and the
words "United States" shall be construed to include the said district and
territories and all dependencies.
"Imprisonment for One Month," How Construed. – The words
"imprisonment for one month," wherever used in any of the statutes, shall be
construed to mean "imprisonment for thirty days."
"Governor," "Senator," "Solicitor," "Elector," "Executor," "Administrator,"
"Collector," "Juror," and "Auditor". – The words "Governor," "Senator,"
"district attorney," "elector," "executor," "administrator," "collector," "juror,"
"auditor," and any other words of like character shall when applied to the
holder of such office, or occupant of such position, be words of common
gender, and they shall be a sufficient designation of the person holding such
office or position, whether the holder be a man or woman.
"Devisee" and "Devise". – The word "devisee," wherever used in any of the
statutes, shall be construed to mean "devisee" as defined in G.S. 28A-1-1.
The word "devise," wherever used in any of the statutes as a noun, shall be
construed to mean a testamentary disposition of real or personal property
and, wherever used in any of the statutes as a verb, shall be construed to
mean to dispose of real or personal property by will.
Requirement to consult with a committee or commission of the General
Assembly. – All words purporting to require an individual or other entity to
consult with a committee or commission of the General Assembly before
taking an action shall be construed to require the entity to do all of the
following:
a.
Submit a report of the action under consideration to the chairs and
staff of the committee or commission. The report shall include all
information required by statute and the rules of that committee or
commission. The staff of the committee or commission shall make
the report available electronically to the members of the committee
or commission and to the public.
b.
Appear at a meeting of the committee or commission at which the
matter is heard. Unless another period of time is specified by statute,
the requirement to appear is satisfied if the committee or commission
does not have a meeting at which the matter is heard within 90 days
of receiving the required submission. (21 Hen. III; R.S., c. 31, s.
113; R.C., c. 31, s. 108; c. 108; Code, s. 3765; Rev., s. 2831; C.S., s.
3949; 1921, c. 30; 1973, c. 47, s. 2; 1977, c. 446, s. 4; 2011-284, s. 1;
2012-142, s. 6.11.)